Resolutions and Ordinances are subject to amendment, rescission or repeal, or readoption in whole or in part. Additional research may be necessary to verify the completeness of the legislative history. To research the Berkeley Municipal Code, visit: http://www.ci.berkeley.ca.us/ContentDisplay.aspx?id=7134. These documents are presented in Adobe Acrobat PDF*, and will open in a new browser window. Some files may exceed 1MB in size. File size information is provided in parentheses. All items are available for review at the City Clerk Department, (510) 981-6900.

*To read PDF files, download a free copy of Adobe Acrobat Reader. If you are unable to access .pdf documents online, please contact us via email (clerk@ci.berkeley.ca.us), telephone (510) 981-6900, or TDD (510) 981-6903 so that we can provide an alternate format.

~~~~~~~~~~~~~~~~~~~~~

ANNOTATED AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, February 12, 2008

7:00 p.m.

Council Chambers, 2134 Martin Luther King Jr. Way

Teleconference Location – 1636 Channing Way, Berkeley, CA

Tom Bates, Mayor

Councilmembers:

District 1 – Linda Maio

District 5 – Laurie Capitelli

District 2 – Darryl Moore

District 6 – Betty Olds

District 3 – Max Anderson

District 7 – Kriss Worthington

District 4 – Dona Spring

District 8 – Gordon Wozniak

Preliminary Matters

Roll Call: 7:03p.m. All present.

Ceremonial Matters: None.

City Manager Comments: February is Black History Month. A Special celebration will be held on Saturday, February 23, 2008 at the South Berkeley Senior Center.

Recommendation: Adopt second reading of Ordinance No. 7,017–N.S. authorizing and directing the City Manager to convey a conservation easement to the City of Albany and the University of California for Lower Codornices Creek.

Recommendation: Adopt second reading of an Ordinance No. 7,018–N.S. amending Berkeley Municipal Code (BMC), Section 14.52.120, Parking Meter and Pay-and-Display Station Fees, to increase the rate to $1.25 per hour; and amending Section 14.52.110, Use of Money Deposited in Parking Meters and Pay-and-Display Stations, to allow transfer of excess revenue to the General Fund for program costs associated with the Public Commons for Everyone Initiative (PCEI).

Recommendation: Approve the attached new invitation for bid/request for proposal (RFP) that will be, or is planned to be, issued in the next 30 days upon final approval by the requesting department or division.

Recommendation: Adopt a Resolution to approve the allocation of an additional $200,000 from the City’s Housing Trust Fund to the University Avenue Senior Housing project for permanent financing and authorize the City Manager to amend the existing development loan agreement for the previously approved $1.9 million loan to reflect the new loan amount of $2.1 million.

Recommendation: Adopt a Resolution authorizing the City Manager to execute and implement a Side Letter of Agreement with the International Brotherhood of Electrical Workers (IBEW) Local 1245 to modify Section 35 (Grievances) of the Memorandum Agreement.

Recommendation: Adopt a Resolution amending the Marina Fee Resolution for FY 2007 (63,354–N.S.) and FY 2008 (63,777–N.S.) to reduce all fees owed by Houseboat owners in the Berkeley Marina during the construction period for the new H & I docks (March thru September 2007) by forty percent (40%) and to retroactively bill for the balance (sixty percent - 60%) via an 18 month interest free payment plan.

Recommendation: Adopt first reading of an Ordinance altering Berkeley Municipal Code (BMC) Chapter 23C.04 to exempt structural alterations, for the purpose of public safety improvements for buildings subject to BMC Chapter 19.39 - Potentially Hazardous Buildings Containing Soft, Weak or Open Front Stories also known as the Soft Story Ordinance and BMC Chapter 19.38 - Seismic Hazard Mitigation Program for Unreinforced Masonry Buildings (URM), from certain Zoning Ordinance restrictions and some levels of discretionary review.

Financial Implications: None

Contact: Dan Marks, Planning and Development, 981-7400

Action: Adopted first reading of Ordinance No. 7,019–N.S. Second reading scheduled for February 26, 2008.

Recommendation: Adopt a Resolution authorizing the City Manager to increase the authorized amount from $400,000 to $485,000 for the purchase of curbside refuse and recycling carts from Otto Industries and Rehrig Pacific Company in Fiscal Years 2005 through 2008.

Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 6833 with Urban Ore for salvage of reusable items at the City's transfer station, increasing the amount by $10,000 for a total amount not to exceed $67,500 for the period July 1, 2005 to June 30, 2008.

Recommendation: Refer the following to the FY2008-2009 budget process: A request for $15,000 to be used to pay for equipment and services related to restoring electricity to the Aquatic Park EGRET cabin.

Financial Implications: See report

Contact: Darryl Moore, Councilmember, District 2, 981-7120

Action: Approved revised recommendation to refer the following to the FY2008-2009 budget process: a request for $15,000 to be used to pay for equipment and services related to restoring electricity to the Aquatic Park EGRET cabin with the condition that the Aquatic Park EGRET has a lease with the City that is mutually agreed upon.

Recommendation: Adopt a Proclamation declaring February 2008 as Freedom to Marry Month in the City of Berkeley and urge the state to end discrimination against lesbian, gay, bisexual, and transgendered people and their families by removing references to sex and gender as eligibility requirements for a civil marriage license and enacting a law providing for equal access to marriage and all of its legal benefits and obligations by all persons, regardless of sex, gender identity or sexual orientation.

Recommendation: Send a letter to Canadian Prime Minister Stephen Harper, Minister of Citizenship and Immigration Diana Finley and Liberal Party leader Stephane Dion requesting that the government of Canada establish provisions to provide sanctuary for U.S. military service members who are living in Canada to resist fighting in the Iraq War.

Recommendation: Adopt a Resolution affirming the decision of the Zoning Adjustments Board to approve Use Permit No. 07-10000118 to allow the demolition of four adjacent storage buildings and one metal shed (Buildings A, B, C, D, and E) with approximately 25,540 square feet of floor area.

Recommendation: Refer to the Zoning Officer initiation of nuisance abatement or other appropriate proceedings with respect to plants 1-3 at Pacific Steel Casting, 1333 Second Street, on the basis of odors.

Financial Implications: See report

Contact: Linda Maio, Councilmember, District 1, 981-7110

Action: M/S/C (Maio/Wozniak) to refer to Agenda Committee a referral to the Zoning Officer initiation of nuisance abatement or other appropriate proceedings with respect to plants 1-3 at Pacific Steel Casting, 1333 Second Street, on the basis of odors, and to pursue an agreement between the City and Pacific Steel Casting.

1) Request for purchase RF Radiation Measurement Equipment and measure radiation levels prior to the installation of the antennas and every six months thereafter. An increase could occur if Verizon/Nextel decide they need more strength or because of malfunctioning equipment;

2) Provide staff training to operate the equipment;

3) Establish a moratorium on the issuance of further antenna permits until modifications of the current ordinance are in place.

Financial Implications: See report

Contact: Dona Spring, Councilmember, District 4, 981-7140

Action: M/S/C (Maio/Anderson) to refer to the City Manager:

1) Request for purchase RF Radiation Measurement Equipment and measure radiation levels prior to the installation of the antennas and every six months thereafter. An increase could occur if Verizon/Nextel decide they need more strength or because of malfunctioning equipment;

2) Provide staff training to operate the equipment;

3) Establish a moratorium on the issuance of further antenna permits until modifications of the current ordinance are in place; and

4) Exploration of an agreement with cellular phone companies regarding location of cell towers away from residential areas as much as possible.

1) That the City Council, through adoption of this item, publicly differentiate between the City’s documented opposition to the unjust and illegal war in Iraq and our respect and support for those serving in the armed forces.

2) Rescind point 2 of Item 12, of the January 29, 2008 Berkeley City Council Agenda, “Marine Recruiting Office in Berkeley,” regarding communications with the Marine Recruiting Station in Berkeley.

Financial Implications: None

Contact: Betty Olds, Councilmember, District 6, 981-7160

Action: M/S/C (Maio/Moore) to

1) Accept Councilmemembers Olds’ and Capitelli’s recommendation to publicly differentiate between the City’s documented opposition to the unjust and illegal war in Iraq and our respect and support for those serving in the armed forces, and

2) Accept the following statement submitted by Mayor Bates, and Councilmembers Anderson, Maio and Moore:

Given the confusion about the Council’s action on January 29, 2008, a strong statement of the Berkeley City Council’s position regarding the Marine Recruiting Station is needed. The City of Berkeley and the citizens of Berkeley are strongly opposed to the war in Iraq. The war has resulted in over 4,000 soldiers killed, tens of thousands wounded in body and spirit, hundreds of soldier suicides, and millions of Iraqi people killed, injured and displaced from their homes. In addition, the hundreds of billions of dollars spent on this deeply immoral war could have been spent to meet the needs of our people and to strengthen our economy. We recognize the recruiter’s right to locate in our city and the right of others to protest or support their presence. We deeply respect and support the men and women in our armed forces. However, we strongly oppose the war and the continued recruitment of our young people into this war.
With the issuance of this statement there is no need to send the letter to the Marine Corps that the City Council approved on January 29, 2008.

Recommendation: Approve the allocation of $5,000 to the East Bay Bicycle Coalition to officially sponsor 2008 Bike to Work Day and to help in promoting the event and other bicycling activities.

Financial Implications: Measure B and Pedestrian Funds - $5,000

Contact: Kriss Worthington, Councilmember, District 7, 981-7170

Action: Moved to Consent Calendar and approved Councilmember Worthington’s recommendation to approve the allocation of $5,000 to the East Bay Bicycle Coalition to officially sponsor 2008 Bike to Work Day.